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What to Expect in Divorce Mediation

What to Expect in Divorce Mediation

Divorces are very complicated and sometimes couple try to settle it using a divorce attorney in Winter Park. This may not always be the best solution especially when the couple want to resolve issues as peacefully as possible without going to court.

One alternative available to divorcing parties is mediation. Mediation is an effective means of reaching an out-of-court settlement between divorce parties. It involves the parties (and in some conditions, your divorce attorney in Winter Park) talking to a neutral party (the mediator) to arrive at an agreement that suits everyone which they all are bound by.

The mediator does not make any judgements or arbitrations, instead he/she acts as an independent party that helps the conversation between the divorcing parties till they reach a final settlement. The essence of using mediation is to help divorcees avoid the costly and emotionally draining process of going to court. In mediation, both parties work together, with the help of the mediator to conclude on their own.

Here are some things have in mind when you are considering going through a mediated divorce:

Don’t engage a mediator if you are ready to settle

Divorce mediation tries to achieve settlements without involving the courts. It is meant to help feuding divorcees who cannot agree on a settlement work at it. Speak to your divorce attorney in Winter Park first to see the possibility of a settle. If both parties are willing to settle, you don’t need a mediator. You need to get yourself a divorce attorney in Winter Park and have the divorce finalised.

The mediator does not have any power in decision-making

A mediator is not a lawyer so the onus is on the two parties to reach an agreement on their own. A mediator does not decide who is right or wrong. They only moderate the conversation, like a guide.

If you are going to be using a mediator, it is advisable for you to first speak to a divorce attorney in Winter Park to know what your options are, make sure negotiations are more efficient and ensure that decisions proposed and agreed on is fair and consistent.

Mediation sessions are confidential

Anything discussed during mediation sessions are strictly confidential and cannot be used as evidence in the event the mediation process breaks down and you must go to court. Also bear in mind that the mediator cannot be called as a witness if there are any court proceedings that follow the attempted mediation process.

Get Legal Counsel before going into a divorce mediation

The mediator is not a lawyer or a judge, so do not expect to get any legal advice from him/her. However, sometimes the mediator should have a good understanding on general legal information and use this without prejudice or bias when facilitating the mediations.

It is highly recommended that you seek advice from a divorce attorney in Winter Park for them to recommend a reputable and budget-friendly mediator for you and your spouse. Take time to ensure you find someone that is a good fit for the situation. Finding a good divorce attorney in Winter Park is also important because the lawyer will help you create a proposal based on realistic settlement expectations which will form the basis of the mediation talks.